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UNITED STATES v. KEEPER OF THE PRISON

No. 1627.

122 F.Supp. 297 (1954)

UNITED STATES ex rel. OXMAN v. KEEPER OF THE PRISON OF PHILADELPHIA COUNTY.

United States District Court, E. D. Pennsylvania.

June 14, 1954.

Attorney(s) appearing for the Case

Back & Levy, Philadelphia, Pa., for petitioner.

Richardson Dilworth (Dist. Atty. of Philadelphia County), Philadelphia, Pa., for respondent.

GRIM, District Judge.

Relator, Philip Oxman, was convicted in the Court of Quarter Sessions of Philadelphia County on an indictment charging that he "was concerned in the management, conducting and carrying on of a certain lottery for moneys, goods, wares, and merchandise". This charge was based on the following clause of Section 601 of the Act of June 24, 1939, P.L. 872, 18 P.S. § 4601:

"Whoever * * * is in any way concerned in the managing, conducting...

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